Legal & Regulatory

Sourcing and Procurement from India: Establishing an Office on the Ground

Posted on by

DELHI – For businesses wanting direct control over their sourcing operation in India, establishing a local presence is an integral step. Although creating an office on the ground inevitably necessitates a greater financial and legal burden for the company in question, it is an effective means of ensuring higher performance levels from a sourcing platform.

First of all, the company must decide on what sort of entity they want to establish, from which they will be able to manage their sourcing operation in India by varying degrees of control. In this excerpt from our latest India Briefing magazine, we compare the two most relevant options.

Liaison Office

By far the cheapest and simplest to establish of the two, liaison offices are typically used by foreign companies as a communication channel with their sourcing operation in India. Its functions are described in this graph:

The parent company of an LO must have:

• A three-year record of profitable operations;
• A net worth of at least US$50,000.

They must then:

• First be approved by the Reserve Bank of India (RBI), and register with the Registrar of Companies within 30 days of beginning their operations in India;
• Once approved, they can operate for a maximum of three years, and then request renewal.

Related Link Icon-IBAn Introduction to Sourcing from India, Part 1: India’s Sourcing Edge

Whilst an LO is a useful tool for monitoring a sourcing operation in India, and can be established with comparatively minimal expense and legal pressure, its functions and capabilities are notably finite. They cannot undertake any commercial or industrial activities and consequently are unable to manage exports or earn an income in India. The upshot of this condition, however, is that liaison offices are not liable for taxation in India.

For these reasons, a company with an LO would still be taking an ‘indirect’ route to source from India. The principal role of a liaison office is therefore to ensure that suppliers are performing adequately. If a greater level of control is desired, however, a branch office should be selected.

Branch Office

The powers of a branch office are far greater than those of an LO. Most importantly, a BO is able to manage its exports itself. As well as the functions of a liaison office, a BO can best be described as follows:

The parent company of a BO must have:

• A five-year record of profitable operations;
• A net worth of at least US$100,000.

Additionally, a company must:

• Provide details of its operating history, interests in India, and reasons for wanting to open a BO.

Related Link Icon-IBAn Introduction to Sourcing from India, Part 2: Exporting from India

Like an LO, a BO must have prior approval from the RBI before it is established. Once approved, it can then register with the tax authorities, obtain a permanent account number, and be issued visas for its staff.

The only significant restriction placed on a BO is its inability to directly engage in the manufacturing process. This, however, can be bypassed if the office is established in a Special Economic Zone (SEZ), and in a sector that allows 100 percent FDI. Because a BO has powers to export products from India, it is considered a ‘direct’ means of managing a sourcing operation. It is therefore the best option for a company wishing to exercise a high level of control over their sourcing platform.

 

IB Nov issue smallThis article is an excerpt from the November issue of India Briefing Magazine, titled “Establishing Your Sourcing Platform in India“. In this issue, we highlight the advantages India possesses as a sourcing option and explore the choices available to foreign companies seeking to create a sourcing presence here. In addition, we examine the relevant procurement, procedural and tax duty concerns involved in sourcing from India, and conclude by investigating the importance of supplier due diligence – a process that, if not conducted correctly, can often prove the undoing of a sourcing venture.”Establishing Your Sourcing Platform in India” is out now and available as a complimentary download in the Asia Briefing Bookstore.

Related Reading-IB
 Taking Advantage of India’s FDI Reforms
In this edition of India Briefing Magazine, we explore important amendments to India’s foreign investment policy and outline various options for business establishment, including the creation of wholly owned subsidiaries in sectors that permit 100 percent foreign direct investment. We additionally explore several taxes that apply to wholly owned subsidiary companies, and provide an outlook for what investors can expect to see in India this year.

Passage to India: Selling to India’s Consumer Market
In this issue of India Briefing Magazine, we outline the fundamentals of India’s import policies and procedures, as well as provide an introduction to the essentials of engaging in direct and indirect export, acquiring an Indian company, selling to the government and establishing a local presence in the form of a liaison office, branch office, or wholly owned subsidiary. We conclude by taking a closer look at the strategic potential of joint ventures and the advantages they can provide companies at all stages of market entry and expansion.

Trading with India
In this issue of India Briefing, we focus on the dynamics driving India as a global trading hub. Within the magazine, you will find tips for buying and selling in India from overseas, as well as how to set up a trading company in the country.

New Indian e-Visa Scheme Makes it Easier for “Casual Business” Visits

Posted on by

DELHI – Last week, India loosened its electronic visa policies for visitors from 43 nations including Australia, Brazil, Germany, and the U.S.  Although the changes are chiefly aimed at boosting international tourist visits to the country, the new e-visa can also be used for a “casual business” visit and should encourage more businesses to travel to the country.

The new visa is part of an Electronic Travel Authorization (ETA) Scheme which requires visitors to apply online at least four days before leaving for India.  The visitor can then print a copy of the authorization and take it directly to immigration authorities.

Continue reading…

Getting to Grips with India’s New Labor Laws

Posted on by

Photo: Aijaz Rahi/APDELHI – India has taken steps to reform its labor market in order to increase the size of its manufacturing sector and create more jobs. Most of these reforms have come after the inauguration of new Prime Minister Narendra Modi.

These changes are part of Modi’s goal to use labor-intensive manufacturing to employ its booming working age population. Currently India’s economy is notable for having a disproportionately large service sector for a country at its level of development. It is particularly noticeable because its rival China kicked off its economic growth through manufacturing.

Continue reading…

A Guide to India’s Special Economic Zones

Posted on by

By Samuel Wrest

India’s special economic zones (SEZs) are certain localities which offer tax and other incentives to their resident businesses. Although India’s SEZs are relatively new, they now form a significant part of its appeal as both a sourcing and manufacturing destination. In this article, we examine how these zones function and highlight some of the key information relevant for companies considering setting up in an Indian SEZ.

Continue reading…

Can India’s Newly Drafted Road Safety Laws Help Boost its Economy?

Posted on by

Op-Ed Commentary: Benedict Lynn

Since his landslide election victory in May, Prime Minister Narendra Modi has been attempting to eliminate the various obstacles that have thus far impeded India’s economic development. The new government’s emphasis has ostensibly been on the country’s underdeveloped infrastructure, and billions of dollars have accordingly been invested into its railways in an ambitious Chinese-style revival plan. India’s notoriously dangerous and congested roads, however, have until now eluded any significant parliamentary scrutiny.

On Saturday, the Modi administration released their draft bill on road safety laws. Widely thought to have been motivated by the death of senior BJP minister Gopinath Munde in a road accident in June, the bill proposes setting up an independent agency for road safety and vehicle regulation; a national authority that will have the power to recall vehicles which do not adhere to a required set of standards. Furthermore, a western-style penalty point system that includes severe fines and, in some cases, imprisonment, has also been proposed.

Continue reading…

Establishing a Liaison Office to Reach the Indian Market

Posted on by

DELHI – Establishing a liaison office is typically the first exploratory step foreign companies take towards selling to the Indian market. Liaison offices are permitted to facilitate and promote the parent company’s business activities and act as a communications channel between the foreign parent company and Indian companies and consumers. While unable to engage in commercial, trading, or industrial activities, liaison offices can promote imports/exports and establish market opportunities for the parent company.

A liaison office can be an especially effective option when coupled with either direct or indirect export activities. The Foreign Exchange Management Act (FEMA) governs the application and approval process for the establishment of a liaison or branch office. Under the Act, foreign enterprises must receive specific approval from the Reserve Bank of India (RBI) to operate a liaison office in the country. Applications are to be submitted through Form FNC (Application for Establishment of Branch/Liaison Office in India).

Continue reading…

Updates to India’s Companies Act 2013

Posted on by

DELHI – The Ministry of Corporate Affairs in India recently released more updates to the Companies Act 2013. There were changes to the limits of video conferencing for Audit Committee Meetings and to the limits on contractual agreements by companies with other parties.

Continue reading…

Expert Commentary: Joint Ventures for Market Entry in India

Posted on by

By Chris Devonshire-Ellis, Founding Partner, Dezan Shira & Associates

While many foreign companies choose to access the Indian market through direct and indirect export rather than by establishing a local business presence, developing a joint venture (JV) with an Indian partner can sometimes be both the most strategic and affordable option for market entry. Although entering into a JV with a domestic partner is required for foreign companies seeking to operate in sectors that do not permit 100 percent FDI, a growing number of JVs with Indian firms are being established for strategic market advantage rather than legal necessity.

Continue reading…

Asia Briefing Bookstore Catalogue 2013 Dezan Shira & Associates
Scroll to top